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8/10/2010
More state regulation that limits YOUR FREE SPEECH!
It’s time to raise a ruckus – against overly burdensome state agency regulation that limits your free speech! For months now, the media and liberal bloggers have been celebrating the Government Accountability Board (GAB) for closing those evil loopholes of campaign finance law. Tons and tons of adoring press.
The State Journal in its March 27 piece, at least raised a few questions.
Mike Wittenwyler, a lawyer who represents groups that sponsor issue ads, defended the ads as discussing public policy matters rather than candidates and said there's no need to change the current rules. But he said that if the board makes changes, they must comply with state and federal court rulings.
Wittenwyler also questioned whether the board even has the authority to regulate issue ads, saying that's the Legislature's job.
Well, the regs written by the appointed panel of 6 retired judges are now law (that’s a story in itself) and advocacy groups aren’t happy.
Vicki McKenna hosted constitutional attorney Jim Troupis Friday – and Troupis lets you know the far-ranging extent of these ominous rules.
Wisconsin Right to Life details the burdens in outlining its legal challenge, filed August 5.
…. “These requirements are so burdensome and onerous that they in effect are a ban on speech,” [James] Bopp, [Jr., lead counsel] said.
“For too long, so-called campaign finance reform advocates have attempted to silence citizen groups. The net result, if they are successful, is that the only ones who will be allowed to speak and inform the public are candidates themselves and the media. This is unacceptable in a country built on a foundation of free speech,” Bopp said.
…. the suit also challenges requirements that political committees disclose particular contributions and spending within 24 hours, a burdensome oath political committees must take saying their independent expenditures are independent, political-committee reporting thresholds, the limits on contributions to committees doing only independent expenditures, and particular attribution and disclaimer requirements.
A bevy of tea party groups joined WRTL and strange bedfellows One Wisconsin Now and Wisconsin Club for Growth in suing over the GAB disclosure rules.
"The impact of this regulation is breathtakingly broad and bars every aspect of communication from a farmer who may paint a sign of protest on his barn to an organization publishing a comprehensive study on state finance," the filing says. "It will bar simple e-mail communication among individuals so long as they have paid more than $25 for their Internet connection, if that communication describes the public stand of a candidate, and it will prosecute groups meeting on a street corner if the cost of the soapbox exceeds $25."
The Wisconsin Family Action (WFA) asks you to TAKE ACTION. Today.
As a citizen of Wisconsin, I am outraged by the Government Accountability Board's newly implemented rules that restrict the free speech of individuals and organizations during the most critical times of elections. I have a right as a citizen to speak out about candidates and issues to whomever I want without registering with the state. Further, the organizations I depend on for information on candidates and issues must not have their freedom of speech violated. This rule silences those groups and violates our constitutional right to free speech, as recognized by the U.S. Supreme Court in the Citizens United decision earlier this year. I demand that the Government Accountability Board immediately revoke §1.28 and cease all attempts to implement and enforce the new rules.
I further call on the state legislature to take appropriate steps to ensure that the appointed Government Accountability Board no longer has the power to so grossly overstep its authority.
I second that. Sign the petition. Call GAB boss Kevin Kennedy (608-266-8005). Today. As WFA suggests, “politely tell him to use his influence to urge the GAB board to urge them to revoke the new rules … that unconstitutionally restrict both individual and organizational free speech.” Enough is enough. Do it.
Jo Egelhoff, FoxPolitics.net
COMMENTS
***closing... loopholes of campaign finance...is...lawstate agency regulation that limits your free speech!***
Ya know...free speech should not equal money. MY OPINION of course.

Dean Weichmann (Tue Aug 10 08:13:20 2010)
Disclosure means disclosure. You can have all the free speech you want, but our democracy deserves disclosure. For years the R's wanted disclosure, and now they claim that it infringes on their free speech? WTF!
And to me, disclosure also includes the unions. No free pass. It should also include the 501(c)3's and "think tanks." I want to know who I'm getting in bed with.

Jack Lohman (Tue Aug 10 08:43:55 2010)
Why are the legislators being silent about this?

Tom (Tue Aug 10 08:45:44 2010)
So I spend $26 dollars- I can buy a lot of influence with that- and I must also spend $100 getting a lobbyist license? AND I can not call a legislator a lying piece of crap when he deserves to be called such?
I spend $40/mo on internet, that "qualifies" me right there. I run off a few fliers, easy to exceed $25, qualified again. I put a tank of gas in my car to get to a meeting, again, that alone puts me over. Clearly unconstitutional. But the mechanism employed here is also unconstitutional, as our WI constitution states that legislative authority is vested in the LEGISLATURE! Bureaucrats have usurped power that is not theirs, and their wings MUST be clipped.
expect full non-compliance from me. How many thousands will join me in civil disobedience against a goverNMEnt run amok?
AND I did not see any exemption for the media, but if they get one, so do I, as I am media also.

Ken Van Doren (Tue Aug 10 09:00:06 2010)
I feel very strongly about free speech, but don't see anything here that limits my freedoms in any way, shape, or form. What I do see is a worthwhile attempt to limit attack ads that disingenuously masquerade as issue ads. This particular attempt may or may not be well crafted, but the principle is worth the engagement.
What I see is that with freedom comes responsibility. When somebody makes a statement, we should be able to know who's really talking. I don't care for anonymous attack ads from any quarter, even if I agree with the position (which is hardly ever the case). And I certainly wouldn't defend anonymous attack ads that pretend to be about issues when their intent is obvious.
It seems that the political landscape is dominated by innuendo rather than responsible dialog. We should advocate for responsibility and respect along with freedom.

Terry Dawson (Tue Aug 10 09:13:49 2010)
So the GAB capitulated and dropped their case. As Mark Block said, you won! Now what? We have to live with the corruption? Are your kids and grandkids going to be okay with the results?

Jack Lohman (Tue Aug 10 17:43:05 2010)
Wow.

Jo (Tue Aug 10 21:03:03 2010)
Jack-you should rejoice, we STOPPED the corruption of a GAB run amok. Look carefully at this "legislation" and you should see that it PROTECTS the corrupt, that is, the incumbents, by silencing their opponents. We have enough guaranteed incumbency laws, we do not need more.

Ken Van Doren (Tue Aug 10 22:40:07 2010)
Ken, that is total BS and you should know it. Disclosure does not silent speech; it just forces groups to quit hiding behind their their lies. And if it was incumbent protection it would have passed legislatively, not through the GAB. So your side won; live with it as you now must.

Jack Lohman (Wed Aug 11 03:44:53 2010)
Jack-
How does requiring everyone who spends $25 NOT inhibit speech? It may mean that, for individuals, the record keeping and licensing cost more in both time AND money than the actual political speech that was engaged in.
And YOU should know that part of the reason the left wants this is to identify and terrify those with whom they have political disagreements. Andy Stern, former head of SEIU, has said as much, and his goons HAVE physically assaulted their opponents. AND YOU SHOULD KNOW THAT!!
Even now, Campaign for Liberty is being legally and groundlessly assaulted by the Justice Dept, SOLELY because they have fought to limit government, including peddling influence. YOur solution, to limit our rights, is a road with no end. PROGRESSIVELY, we end up paupers in a police state. With good intentions, of course.
Limit the power of government to protecting the rights of individuals, and you end redistribution, which is the primary purpose of most campaign contributions. In your regulated world, the corruption will NOT end. Witness AZ, which has publicly funded campaigns.

Ken Van Doren (Wed Aug 11 09:52:00 2010)
Ken, the $25 contributor does not have to get a license, they just mail the check. The organization would have to comply, and it's the organizations that don't want to do that. They want to hide their backers.
But if unions are spending money other than from dues-paying members, they should have to disclose as well.
I am astounded that you as a contributor don't want to know more about who you are getting into bed with, but so be it. It's your money.
And AZ has problems, but it has nothing to do with public funding of campaigns. If anything, that has made their politicians more responsive to citizen needs. So in that regard maybe their problem is the citizens themselves. The corporations liked the status quo.

Jack Lohman (Wed Aug 11 11:02:11 2010)
I give you Janet Napolitano, whose campaign phonied $5 donations in order to get the max from the taxpayers.
AND put the AZ TReas on the no fly list in order to punish him. But WAIT, THERE IS MORE!!!!

Ken Van Doren (Wed Aug 11 12:21:41 2010)
Janet Napolitano is a leaker, but the voters selected her. And the public funding she received was easily half of what she could have gotten with direct bribes. The AZ public funding system is a model; hell, they even had Libertarians opt for it!

Jack Lohman (Wed Aug 11 12:33:05 2010)
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